PIL For Ban On Open Sale Of Acid: Allahabad HC Issues Notice To UP Govt, Seeks Details On State's Measures To Prevent Acid Attacks

On Tuesday, the Allahabad High Court directed the Uttar Pradesh government to submit an affidavit specifying the measures implemented by the state authorities to curb the open sale of acid across the state. Additionally, the court has requested details on acid attack cases recorded by the state police over the past five years.

A bench of acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra sought the details while hearing a Public Interest Litigation (PIL) plea filed by 6 law students seeking a ban on the open sale of acid in Uttar Pradesh.

Before the High Court, the students submitted that during their internship, they conducted a survey to find out whether the guidelines framed by the Supreme Court in Laxmi vs. Union of India and others, (2014)  to prevent acid attacks are being followed or not and they found that they were able to purchase acid from the shopkeepers over the counter.

It may be noted that in the Laxmi case (supra), the Supreme Court had directed the Secretary of the Ministry of Home Affairs and the Secretary of the Ministry of Health and Family Welfare to take up the matter with the State Governments/Union Territories to ensure that an appropriate notification is issued banning of acid sale across the counter.

It was further submitted in the PIL plea that the shopkeepers were not found maintaining any log register containing the address of the person to whom the acid is sold. They have also not asked for the IDs of the petitioners at the time of the sale of acid bottles to them.

Taking note of the averments in the PIL plea, the Court directed Additional Advocate General Manish Goyal to file an affidavit of an officer, not below the rank of Deputy/Special Secretary, "giving a complete picture as regards the steps, if any, taken by the State to prevent acid attacks and whether the guidelines framed in Laxmi (supra) are being complied with."

With this, the matter has now been posted for hearing on January 23.

Case title - Navya Kesarwani And 5 Others vs. State Of U.P. And 3 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 3031 of 2023]

Click Here To Read/Download Order